Home/Case Law/Thomas Cullen vs. Atascadero Ford, Inc., State Compensation Insurance Fund
Regular DecisionWorkers' Compensation

Thomas Cullen vs. Atascadero Ford, Inc., State Compensation Insurance Fund

Filed: Jun 27, 2017
San Luis Obispo
ADJ3033562 (GRO 0024532)

CompFox AI Summary

This case concerns the denial of ongoing aqua therapy for applicant Thomas Cullen, who suffered a 1998 work injury resulting in 100% permanent disability and future medical care. The defendant employer and insurer argued their Utilization Review (UR) denial was timely and binding, and that the WCJ misapplied precedent. The Appeals Board affirmed the WCJ's decision to award the aqua therapy, finding the defendant's UR decision invalid due to procedural issues. As a result, the WCJ could properly determine the treatment was reasonable and medically supported by substantial evidence, especially since the applicant's condition worsened when therapy was withdrawn.

Full Decision Text1 Pages

This case concerns the denial of ongoing aqua therapy for applicant Thomas Cullen, who suffered a 1998 work injury resulting in 100% permanent disability and future medical care. The defendant employer and insurer argued their Utilization Review (UR) denial was timely and binding, and that the WCJ misapplied precedent. The Appeals Board affirmed the WCJ's decision to award the aqua therapy, finding the defendant's UR decision invalid due to procedural issues. As a result, the WCJ could properly determine the treatment was reasonable and medically supported by substantial evidence, especially since the applicant's condition worsened when therapy was withdrawn.

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Thomas Cullen vs. Atascadero Ford, Inc., State Compensation Insurance Fund (2017) – San Luis Obispo | CompFox